Legal Opinion

John D. Park & Sons Co. v. National Wholesale Druggists' Ass'n

New York Court of Appeals

Decided April 28, 1903PublishedCited by 51 opinions

Appeal from a judgment entered November 27,1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment entered November 27,1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s action is to enjoin the continuance of a conspiracy on the part of certain wholesale druggists, its competitors, defendants herein and others, to injure, ruin and destroy its business, and specifically to enjoin the continuance of various acts being done in furtherance of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question presented for review is as to whether the complaint states facts sufficient to constitute a cause of action.

The relief sought by the plaintiff is an adjudication that the resolutions, agreements, plans and modes for the conducting of the business of the sale of proprietary medicines by the National Wholesale Druggists Association are illegal and that an injunction issue restraining the members of the association from continuing to make efforts to…

2Cited by51 opinions

  1. ABC International Traders, Inc. v. Matsushita Electric Corp. of AmericaCalifornia Supreme Court · 1997
  2. Group Health Cooperative v. King County Medical SocietyWashington Supreme Court · 1951
  3. John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
  4. Doubleday, Doran & Co. v. R. H. MacY & Co.New York Court of Appeals · 1936
  5. National Fireproofing Co. v. Mason Builders' Ass'nCourt of Appeals for the Second Circuit · 1909

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